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Is the Debt valid? You must ask!
Posted for those who wish to use, not legal advice, just verification of debt.
QUESTIONS TO ASK DEBT COLLECTOR WITH YOU DISPUTE THEIR CLAIM. Debt collector name Address state RE; Account DEBT COLLECTOR DISCLOSURE STATEMENT This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction. Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following: 1.Name of Debt Collector: . ... 2.Address of Debt Collector: . .. . 3.Name of alleged Debtor: .. . 4. Address of alleged Debtor: . ... ... 5. Alleged Account Number: .. ... ... 6.Alleged debt owed: $ . .. ... 7.Date alleged debt became payable: ... . .. .. .. . 8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector? 9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor? YES NO 10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable) 11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount: Date: Amount: $ .. 12.Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A 13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount: Date: Amount: $ .. 14. Regarding this alleged account, Debt Collector is currently the: Owner; (b) Assignee; (c) Other explain: . . 15.What are the terms of the transfer of rights re this alleged account? . . . . 16. If applicable, transfer of rights re this alleged account was executed by the following method: (a) Assignment; (b) Negotiation; (c) Novation; (d) Other explain: . ... ... ... 17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A 18. What is the nature and cause of the consideration cited in # 17 above? . . .. ... ... 19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value? YES NO N/A 20.What is the nature and cause of any value cited in #19 above? . ... 21.If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A 22. What is the nature and cause of any consent cited in #21 above? 23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO 24. Date said verification cited above in # 23 was provided alleged Debtor: . ... 25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO 26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION 27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO 28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ... . 29. Was alleged Debtor sold any products/services by Debt Collector? YES NO 30. What is the nature and cause of any products/services cited above in # 29? . ... ... 31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO 32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? . ... ... 33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO 34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? ... ... 35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO 36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? 37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO 38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO 39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO 40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO 41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO 42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO 43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO 44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO Debt Collector's failure, both intentional and otherwise, to complete/answer points 1 through 44 above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account. Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief. ____________________________________ ____________________________________ Date Printed name of Signatory ____________________________________ ____________________________________ Official Title of Signatory Authorized Signature for Debt Collector Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, which includes the false representation of the character, or legal status of any debt, and the threat to take any action that cannot legally be taken, all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response. Recording Requested by, and When Recorded Return to: Your name Address State and zip code __________________________________________ Cc:file For more information about this, please see here. |
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Most Debt collector won't respond anyway to anyone request. By not responding, they place themselves in default and by tacit agreement stating " they have not valid claim against you."
It is the game they play, they hope you don't request verification so that by default they will get a summary judgment against you. They can than garnish , your check accounts, wages, etc. so you must request verification of the alleged debt, even if it is true. |
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I am in France and I just got a notice from Nationwide Collections Inc dated 12/21/06 for a debt they now own, originally owed by me to Columbia House.
I have excellent credit and plan on keeping it that way, never ordered anything from Columbia H so I freaked out and called the Credit Agency and learned that the debt ($54) is 2 yrs old. I was surprised to learn that it originated from a friend's address (I suspect my friend's roommate to be responsible for this situation), they would also settle for $28 if I had paid immediately?. Apparently, Columbia H does not require much when enrolling in their membership: name, address and billing comes later. I almost agreed to pay but it did not feel right, it is not my debt after all. So I know that I cannot ignore it even though one of my credit report (Experian) did not show anything. I was looking at the above draft validation letter but I am afraid it may be over the top for this kind of debt (As far as I know Columbia H does not require signature of a contract for their membership ) Mr.Yet, I do not mean to doubt your expertise in this area but would appreciate some advice and clarification for this type of debt. I read somewhere than Credit Agencies were not required by FDCPA laws to give detailed, competent evidences and that computer print outs from creditor alleging the debt were sufficient as validation. As far as validation responses within 30 days, it was not a valid request. Did FDCPA validation requirements change in 2007? Can you fax your dispute or is it safer to mail it certified, return receipt requested? |
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Mr Yet,
Is this the letter I can use to send to the lawyer and collection agency in my case (see my previous posts) I need to send a discovery letter pronto! I am a little worried that I just got notice today of the court date, and don't want to send them the wrong letter, plus it is only 25 days from now. I have been looking all over the intenet for sample letters and have come up with nothing so far! Thanks in advance! |
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 Originally Posted by Hellno
Any debt requires a contract signed by you to be valid, the plaintiff must have possession of that contract. No, contract, no claim. Since all debt are contracts they must also follow the rules regarding contracts. You must send it certified mail with return receipt, t oshow proof of service to the attorney or plaintiff . FDCPA is a guideline of rules they must follow, but understand that they were written by legal professional. Anything they done must follow the rules , and in court it is all about the rules, nothing more. Debt collectors and attorney try to scare you, but when it comes down to court they must obey the rules. Debt collector and attorneys will even sue on a out of date debt pass the SOL and if you don't defend they will obtain a summary judgment. They must prove everything, not you. SO always defend any action regard alleged debts. |
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Originally Posted by mr.yet
My Input =================================== My group along with myself have been dealing with alleged Debt Collectors since 2004 and so far you guys are on the right track. However, there are some key and missing ingredients to this recipe. Here are a few additional steps needed to successfully get rid of a debt collector. 1. Write a simple letter, including both your address and the alleged credit card company or debt collector's address at the top, business style heading, with your name and address at the top right and their name and address under that on the left side. 2. Under their name, put the DATE YOU PLAN TO MAIL THE LETTER certified mail, so that they both coincide with the post mark stamp/date. 3. Inform them that you are relieving them of ALL POWERS OF ATTORNEY to add or remove items, comments, or other remarks on your credit profile, and if they do not agree with your request, they should respond no later than ten (10) days after receipt of your request, or you will assume that they agree with your request. 4. Include the questions posted here, or just ask about 3 simple questions: A) Are you in possession of the ORIGINAL contract that certifies that this alleged debt is valid? B) If you are a debt collector, do you have a certificate of assignment, agreement, Power of Attorney (in fact) or other legal document, signed by the original creditor, permitting the capacity to act as a creditor on behalf of the Alleged Original Creditor? C) At the time of my alleged "Account Creation", did the alleged Original Creditor incurr a debt, and if so, is there any Original Financial Documents showing that assets or funds were used to create my account from the Original Creditor's Account? I hereby extend to you ten (10) business days excluding saturdays and sundays, to respond to these damands and questions, if you can. Otherwise, your failure will comprise your agreement and acceptance of the fact that you do not have a valid claim and consequently admitting to fraud and attempted extortion. In which case I may, at my own discretion, seek applicable damages in a court of competent jurisdiction. 5. Include this statement at the end of your letter: This communication is private, and may only be used for private viewing and communicating back to the sender. All other uses are prohibited and will be null and void outside of this venue. Furthermore, this communication is being tracked to ensure proper delivery to the intended party. Once delivery is confirmed, it is assumed that you are in full acknowledgement of the contents of the communication inside the envelope. Sincerely Yours, _______________________ YOUR NAME IN ALL CAPS This letter should be entitled, "Notice of Dispute - Demand for Verification and Validation" In accordance with ---applicable laws---- and ---applicable laws---- ================================================== === So, when you go into court, you bring your certified mail receipt and the post office receipt showing you paid for the postage and show a copy of the letter (yea, make a copy after you notarize it and keep it for court, if necessary), You will not have to prove anything, just ask the judge to dismiss the case or you can ask the court to grant you a summary judgment based on the fact that they are in default by stipulation on the date of their default, so the matter is already settled and you are asking the court to close the case with prejudice, so they can never reopen it again. |
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Originally Posted by mr.yet
I have read some of the information you have provided and its really informational and interesting. Its appreciated(: I had posted a question that I believe you responded to, but because I am very new to this I am having trouble finding your response. Would you mind sending it directly to my email or maybe advise on how to locate it. The question was Judgement from a Collection Agency. Thanks a bunch. amjacinto |
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